32 U.S. Code § 107 - Availability of appropriations

(a)Under such regulations as the Secretary concerned may prescribe, appropriations for the National Guard are available for—

(1)the necessary expenses of members of a regular or reserve component of the Army or the Air Force traveling on duty in connection with the National Guard;

(2)the necessary expenses of members of the Regular Army or the Regular Air Force on duty in the National Guard Bureau or with the Army Staff or the Air Staff, traveling to and from annual conventions of the Enlisted Association of the National Guard of the United States, the National Guard Association of the United States, or the Adjutants General Association;

(3)the transportation of supplies furnished to the National Guard as permanent equipment;

(4)the office rent and necessary office expenses of officers of a regular or reserve component of the Army or the Air Force on duty with the National Guard;

(5)the expenses of the National Guard Bureau, including clerical services;

(6)the promotion of rifle practice, including the acquisition, construction, maintenance, and equipment of shooting galleries and suitable target ranges;

(7)such incidental expenses of authorized encampments, maneuvers, and field instruction as the Secretary considers necessary; and

(8)other expenses of the National Guard authorized by law.

(b)The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands. Payable expenses include allowances for subsistence and housing under sections
402 and
403 of title
37 and expenses for medicine and medical attendance.

(c)The pay and allowances for the Chief of the National Guard Bureau and officers of the Army National Guard of the United States or the Air National Guard of the United States called to active duty under section
12402 of title
10 shall be paid from appropriations for the pay of the Army National Guard or Air National Guard.

In subsection (a), the words “strengths in enlisted members of the active” are substituted for the words “number of enlisted men in active service”. The words between the eighth and ninth semicolons of 32:22, relating to horses and draft animals, are omitted as obsolete, since no animals are now authorized for the National Guard. The words “under section
106 of this title” are inserted, since only appropriations under that revised section are required to be apportioned.

In subsection (b)(1) and (2), the words “actual and” are omitted as surplusage.

In subsection (b)(2), the words “Reserve Officers holding commission in the National Guard” are omitted as covered by the words “officers of a * * * reserve component of the Army or the Air Force”. The words “Army General Staff” are substituted for the words “War Department General Staff” to conform to section
3031(b) of title
10.

In subsection (c), the words “under sections
251 and
252 of title
37” are substituted for the words “provided in section
19 of title
37”, since allowances for subsistence and quarters are now covered by those sections. The words “shall be paid from appropriations for the National Guard, but not from the allotment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia” are substituted for the words “shall constitute a charge against the whole sum annually appropriated for the support of the National Guard, and shall be paid therefrom and not from the allotment duly apportioned for any particular State, Territory, or the District of Columbia”.

1982 Act

Revised section

Source (U.S. Code)

Source (Statutes at Large)

32:107(c)

31:698.

Aug. 10, 1956, ch. 1041, § 30, 70A Stat. 632.

The work “appropriations” is substituted for “funds appropriated” for consistency in the title.

Amendments

2006—Subsec. (b). Pub. L. 109–163substituted “State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands” for “State or Territory, Puerto Rico, or the District of Columbia”.

2003—Subsec. (a)(2). Pub. L. 108–136substituted “members” for “officers”, “Army Staff” for “Army General Staff”, and “the Enlisted Association of the National Guard of the United States, the National Guard Association of the United States,” for “the National Guard Association of the United States”.

Subsec. (a). Pub. L. 92–119, § 1(a)(2), (3), (4), redesignatedsubsec. (b) as (a) and substituted “appropriation for the National Guard” for “apportioned appropriation”. Former subsec. (a), which provided for apportionment of appropriations for Army National Guard and Air National Guard under prescribed formulas among States, territories, Puerto Rico, Canal Zone, District of Columbia, was struck out.

“(1) In general.—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to establish a program of exchanges of members of the National Guard of a State or territory and the military forces, or security forces or other government organizations whose primary functions include disaster response or emergency response, of a foreign country.

“(2) State partnership program.—Each program established under this subsection shall be known as a ‘State Partnership Program’.

“(b) Limitation.—An activity under a program established under subsection (a) that involves the security forces or other government organizations whose primary functions include disaster response or emergency response of a foreign country, or an activity that the Secretary of Defense determines is a matter within the core competencies of the National Guard of a State or territory, may be carried out only if the Secretary of Defense, with the concurrence of the Secretary of State, determines and notifies the appropriate congressional committees not less than 15 days before initiating such activity that the activity is in the national security interests of the United States.

“(c) Regulations.—

“(1) In general.—Not later than 180 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall establish accounting procedures to ensure that expenditures of funds to carry out this section are accounted for and appropriate.

“(2) Notification.—Not later than 15 days after the date on which such regulations have been prescribed, the Secretary of Defense—

“(A) shall notify the appropriate congressional committees that the regulations have been prescribed; and

“(B) shall provide to the appropriate congressional committees a copy of the regulations.

“(d) Availability of Authorized Funds for Program.—

“(1) In general.—Funds authorized to be appropriated to the Department of Defense, including funds authorized to be appropriated for the Army National Guard and Air National Guard, are authorized to be available—

“(A) for payment of costs incurred by the National Guard of a State or territory to conduct activities under a program established under subsection (a); and

“(B) for payment of incremental expenses of a foreign country to conduct activities under a program established under subsection (a).

“(2) Limitations.—

“(A) Active duty requirement.—Funds shall not be available under paragraph (1) for the participation of a member of the National Guard of a State or territory in activities in a foreign country unless the member is on active duty in the Armed Forces at the time of such participation

“(B) Incremental expenses.—The total amount of payments for incremental expenses of foreign countries as authorized under paragraph (1)(B) for activities under programs established under subsection (a) in any fiscal year may not exceed $10,000,000.

“(e) Reports and Notifications.—

“(1) Review and report of existing programs.—

“(A) Review.—The Secretary of Defense, with the concurrence of the Secretary of State, shall conduct a comprehensive review of each program under the State Partnership Program as in effect on the day before the date of the enactment of this Act [Dec. 26, 2013].

“(B) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on—

“(i) the findings of the review conducted under subparagraph (A); and

“(ii) any recommendations with respect to the review conducted under subparagraph (A).

“(2) Annual report.—

“(A) In general.—Not later than January 31 of each year following a fiscal year in which activities under a program established under subsection (a) are carried out, the Secretary of Defense shall submit to the appropriate congressional committees a report on such activities under the program.

“(B) Matters to be included.—Each report shall specify, for the fiscal year covered by such report, the following:

“(i) Each foreign country in which the activities were conducted.

“(ii) The type of activities conducted, the duration of the activities, and the number of members of the National Guard of each State or territory involved in such activities.

“(iii) The extent of participation in the activities by the military forces and security forces of such foreign country.

“(iv) A summary of expenditures to conduct the activities, including the annual cost of the activities, with a breakdown of such expenditures by geographic combatant command.

“(v) With respect to activities described in subsection (b), the objective of the activities, and a description of how the activities support the theater campaign plan of the commander of the geographic combatant command with responsibility for the country or countries in which the training occurred.

“(f) Rule of Construction.—Nothing in this section shall be construed to supersede any authority under title 10, United States Code, as in effect on the date of the enactment of this Act [Dec. 26, 2013].

“(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

“(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

“(2) Incremental expenses.—The term ‘incremental expenses’, with respect to a foreign country—

“(A) means the reasonable and proper costs of rations, fuel, training ammunition, transportation, and other goods and services consumed by the country as a direct result of the country’s participation in activities conducted under subsection (a); and

“(B) does not include—

“(i) any form of lethal assistance (excluding training ammunition); or

“(ii) pay, allowances, and other normal costs of the personnel of the country.

“(a) Limitation.—If both requirements specified in subsection (b) are not met as of February 28, 2013, no activities may be carried out under the State Partnership Program after that date until both requirements are met.

“(b) Requirements.—The requirements specified in this subsection are the following:

“(1) The requirement for the Secretary of Defense to submit to the appropriate congressional committees the final regulations required by subsection (a) of [former] section 1210 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2517; 32 U.S.C. 107 note).

“(2) A requirement for the Secretary of Defense to certify to the appropriate congressional committees that appropriate modifications have been made, and appropriate controls have been instituted, to ensure the compliance of the Program with section
1341 of title
31, United States Code (commonly referred to as the ‘Anti-Deficiency Act’), in the future.

“(c) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ has the meaning given that term in subsection (d) of [former] section 1210 of the National Defense Authorization Act for Fiscal Year 2010.”